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THE
LAW CONCERNING FOREIGN INVESTMENT
Article 1 Investment
in this Law denotes only direct investment of foreign
capital made in accordance with or based upon the
provision of this Law for the purpose of carrying on the
enterprise in Indonesia, with the understanding that the
owner of the capital directly bears the risk of the
investment.
Article 2 Foreign
investment in this Law means:
a. foreign exchange that does not form a part of
the foreign exchange resources of Indonesia, and which
with the approval of the Government is utilized to
finance an enterprise in Indonesia.
b. equipment for an enterprise, including rights
to technological development and materials imported into
Indonesia, provided the said equipment is not financed
from Indonesian foreign exchange resources.
c. that part of the profits which in accordance
with this Law is permitted to be transferred, but
instead is utilized to finance an enterprise in
Indonesia.
FIELDS OF ACTIVITY FOR
FOREIGN INVESTMENT
Article 5(1) The
government shall determine the fields of activity open
to foreign investment, according to an order of priority,
and shall decide upon the conditions to be met by the
investor of foreign capital in each such field.
(2) The order of priority shall be determined
whenever the Government prepares medium and long-terms
development plans, taking into consideration
developments in the economy and technology.
Article 6(1)
Fields of activity, which are closed to foreign
investment exercising full control, are those of
importance to the country and in which the lives of a
great deal of people are involved, such as the following.
a. harbors; b. production, transmission
and distribution of electric power for the public; c.
shipping; d. telecommunications; e.
aviation; f. drinking water; g. public
railways; h. development of atomic energy; i.
mass media.
(2) Industries performing a vital function in
national defense, among others, the productions of arms,
ammunition, explosive, and war equipment, are absolutely
prohibited to foreign investment.
Article 7 In
addition to those mentioned in Article 6 Section (1),
the Government may determine certain fields of activity
in which foreign capital may no longer be invested.
Article 8(1)
Foreign investment in the field of mining shall be
carried out in cooperation with the Government on the
basis of a Working Contract (Kontrak Karya) or other
from in accordance with prevailing regulations.
(2) The system of cooperation on the basis of
working contract or other form can be implemented in
other field of activity which will be determined by the
Government.
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